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Terms of service

OVERVIEW
This website is operated by Art&Found. Throughout the site, the terms “we”, “us” and “our” refer to Art&Found. Art&Found offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Art&Found Global, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Art&Found Global and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@artandfound.co.

 

Thank you for visiting www.artandfound.co (the “Website”) which is owned and operated by Art and Found Solutions Private Limited, a company incorporated under the provisions of the Companies Act, 2013. Our services and the art listed on the Website are provided subject to the following terms of use (“Terms of Use”). By using this Website you agree that you have read, understood and are indicating your agreement to be bound by these Terms of Use. If you do not wish to be bound by the said Terms of Use, please do not use this Website.

Throughout the Website, references to terms “we”, “us” and “our” shall mean www.artandfound.co and “you”, “your” shall mean the end user accessing the Website, its contents and/or using the services and art offered through the Website.

These Terms of Use constitute an electronic record within the meaning of applicable law and are generated by a computer system and do not require any physical or digital signatures.

1. ELIGIBILITY & REGISTRATION

To become a member or otherwise use the Website, you must be at least eighteen years of age and shall only use the Website for lawful purposes. If you are under eighteen years of age, you may use this Website only with the involvement of a parent or a legal guardian who agrees to be bound by these Terms of Use.

2. OUR SERVICE

You agree, understand and acknowledge that the Website is an online platform that enables you to offers physical products of digital art for sale to purchase such work of art listed on the Website at the price indicated therein at any time from any location and interact with other members and/or users of the Website.

3. SELLING ART ON THE WEBSITE

We do not charge any listing fees or membership fees. We however charge a commission of the selling price upon the sale of an art through artandfound.co which shall be intimated to you at the time you subscribe. We reserve the right to change the commission chargeable at any point in time. However, any changes are effective after we provide you with notice in written communication. We may choose to temporarily change our commission chargeable for such promotional events or new services, and such changes shall be effective when we post the temporary promotional event or new service on the Website.

You agree to submit the appropriate digital art files that you have created and that you desire to list and sell through the Website to us for our review and evaluation. The art being sold on the Website will include your name. In order for your listings to be accepted, you must provide us with all the information requested on the applicable webpage of the Website and you must comply with any other requirements as identified on such webpage. The selling price of the art will be a price decided by us, agreed by you. Notwithstanding anything contained herein, we shall, in our sole discretion, have the right to remove any art for sale at any time from the Website. You represent that you are and shall be in compliance with all applicable laws, including without limitation all intellectual property laws in respect of the art listed by you on this Website.

By posting art on the Website for sale, you represent and warrant that you are the creator and the sole and exclusive owner of the art and that you hold a free and marketable title to the art offered and that the sale to any buyer will be free and clear of any and all liens or encumbrances whatsoever. You agree that we will publish images and information in the English language on the Website relating to the art offered by you. You are solely responsible for the description, condition, authenticity, quality of the art offered and all other content provided to us by you. You agree that we may re-format and/or edit any content of the art submitted by you in order to best serve the needs and formatting of the Website and ensure that it is in compliance with these Terms of Use. You acknowledge that your listings may not be immediately searchable for several hours by keyword or category. The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords and price. You grant us a worldwide, perpetual, irrevocable, royalty-free license to use the listing information in our sole discretion on the Website.

You always retain the right to remove a listing for an art from the Website by written communication to us.

You agree that you have not and shall not list the art online for sale with any other parties or websites at a price which is lower than that at which the art is listed on this Website.

You expressly agree and authorize us to deduct our commission from the sales price of your art sold on the Website and any taxes, as applicable before distributing your margin to you. To enable us to do the same, you agree to provide us with your updated bank account information so that we can make an electronic funds transfer to you. It is hereby clarified that payments may take between 30-45 days to reflect in your bank account but may also be instantaneous for certain transactions. Any deduction that may be made by your bank from the amount deposited by us shall be solely born by you.

You shall be responsible to ensure that we always have accurate and updated information of your bank account and you agree that we shall not be held liable for any loss suffered by you for providing us with incorrect/not-updated information. In the event, we are unable to deposit your margin in your bank account because you have given us incorrect/not-updated bank information, we shall hold your margin for up to 12 months from the payment date. If you have failed to notify us of any amendment to your bank details within the preceding 12 months, you hereby expressly authorize us to allocate the same as per our sole discretion.

4. BUYING ART ON THE WEBSITE

You agree to purchase art that is/are listed by other members on the Website by using a valid debit card, credit card, through internet banking or through cash on delivery. You agree to pay the aggregate purchase price listed on the Website checkout page which includes (i) the purchase price of the art; (ii) shipping and insurance fees; and (iii) all taxes as set forth below.

You hereby irrevocably authorize us to use your (i) credit card/ debit card/ internet banking information; and (ii) billing and shipping information for processing payment for the purchase on the Website.

You will not be able to cancel an order once it has been received for processing. However, we have the right to cancel any sale for any reason if, including, but not limited to: (i) we suspect that the buyer is fraudulent; or (ii) we determine that the art is not authentic; or (iii) the art is unavailable at the price listed on the Website. If we cancel an order placed via the Website, we will send you an email confirmation of such cancellation and you will not be charged for your order.

You are entirely responsible for paying all statutory taxes and transactional taxes or levies related to the purchase of the art. You shall pay the taxes we are required to collect, but failure by us to collect the same will not relieve your obligations in this regard. Further, each party shall be responsible for complying with any obligations imposed on it under applicable law with respect to the collection and payment of any taxes. Each party shall cooperate with the other party, and furnish the other party with any customary written documentation or forms as required under applicable law to enable the other party to comply with its obligations.

It is your responsibility to ensure the delivery address provided by you is correct. We take no responsibility for any art you do not receive because of errors in the delivery address given to us. Notwithstanding anything contained herein, we do not warrant, endorse and make representations about any content or art offered or provided by any member on the Website.

5. COLOR

You understand and agree that we use commercially reasonable efforts to display the colors of the art accurately on the Website. However, because individual computer monitors may display colors differently, we are not responsible for the color accuracy of any art displayed on the Website and disclaim all liability in this regard.

6. REPLACEMENT POLICY

An order once delivered cannot be returned for refund. However, we may replace the order in case it is a damaged or wrongly delivered order, within seven days from the time the order is delivered to you. A copy of the refund, cancellation and exchange policy is located at 'Refund Policy'.

7. RISK OF LOSS

The art purchased from this Website is shipped/ delivered by a third-party carrier pursuant to a shipment/delivery contract. As a result, risk of loss and title to such art may pass to you upon our delivery to the carrier.

8. TRANSACTION RESTRICTIONS

You acknowledge that you are purchasing the art from www.artandfound.co and not from the member identified on the listing for such art. If you are a member and have submitted a listing for an art and have been contacted through the Website by another member/ user of the Website with respect to purchasing any art, you will not sell such art to such member independent of this Website. Similarly, if you are a member/ user of the Website and desire to purchase an art for which a member of the Website has submitted a listing, you will not purchase such art from such member independent of this Website.

9. WEBSITE ACCESS

We have certain guidelines for you to follow when you access and use our Website.

We require that you adhere to general standards of behavior while accessing and using the Website. You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following purposes, which include but are not limited to:

  • post any information which is incomplete, false, inaccurate or not your own;
  • post material that is copyrighted or otherwise owned by a third party unless you are the copyright owner;
  • post material that reveals trade secrets, unless you own them;
  • post material that infringes on any other intellectual property right of another or defames or vilifies any person, people, races, religion or religious group and is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • impersonate another person;
  • upload content that is misleading and deceptive and offers or disseminates fraudulent, work, services, schemes, or promotions;
  • upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • reproduce, duplicate, copy, sell or otherwise exploit the Website or any art image, art listing, art description, price, page layout, page design, trade dress, trademark, logo or other content for any commercial purpose, except as expressly provided herein;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of other members/users of the Website;
  • attempting to interfere in any way with the Website's security or attempting to use the Website's service to gain unauthorized access to any other computer system;
  • abuse the request an invite for yourself benefit in any way, including but not limited to, inviting yourself multiple times and under different aliases and/or under different email addresses;
  • engage in any activity that interferes with the Website or another members/user's ability to use the Website;
  • manipulate the price of any art or interfere with other member’s listings;
  • collect information about users, including email addresses, without their consent;
  • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the services offered on the Website;
  • use the Website or services if you are not able to form a legally binding contract or are temporarily or indefinitely suspended from the Website;
  • assist or encourage any third party in engaging in any activity prohibited by these Terms of Use;
  • violate any of the Terms of Use or any other terms and conditions of the Website contained elsewhere;
  • violate any applicable laws or regulations for the time being in force in or outside India.

10. INTELLECTUAL PROPERTY

Whatever belongs to you stays yours. However, what you have not uploaded on the Website belongs to us.

You retain ownership of any intellectual property rights that you hold in the content.

You represent and warrant that when you upload, submit, store, send or receive content on the Dropbox link and email communication, you give us (and those we work with) a non-exclusive, irrevocable, royalty free worldwide license and right to use, host, store, display, archive, reproduce, modify, crop, resize, copy, create derivative works, communicate, publish, publicly perform, publicly display, distribute, transmit the seller’s/members name, logo and trademarks and any photographs, graphics, artwork, text and other content in connection with the manufacture, distribution, marketing, promotion and sale of the art listed/ to be listed for sale on the Website and in any and all media or formats now known or later developed in which such art may be marketed, promoted, sold, or distributed to members and other third parties. You acknowledge and agree that listing the art for any period of time on the Website is sufficient consideration for the foregoing license rights granted to us on a royalty-free basis. We may appoint one or more third party subcontractors, who may exercise the license rights above for the purpose of enabling us to process and fulfill orders placed on the Website.

If you remove an artwork from the Dropbox link, the license rights granted by you to us with respect to such art will terminate as of the date the listing is removed, save and except that such license rights will survive and remain in effect for as long as necessary for us and our third-party subcontractors, if any, to fulfill any in-progress orders for such art accepted or received by us or prior to the removal of such art.

Except as expressly provided herein, neither party will acquire any rights or interest in the other party’s trademarks (whether registered or not), service mark, trade names, trade dress or other intellectual property appearing on or any content, features or materials you may access on the other parties websites and you may not modify, rent, lease, loan, sell, distribute or create derivative works of any such content, features or materials, in whole or in part. Any goodwill generated therein will inure solely to the benefit of the owner party. Each party reserves all of its rights in and to its trademarks, trade names, all graphic images and text contained on such party’s website, and all other intellectual property owned or licensed by such party.

When you list or upload your artworks on the Dropbox link and it gets listed or published on the Website, you agree that you will be liable for the art and you warrant and represent that:

  • The art listed by you on the Website is original and is not violating, conflicting with, or infringing upon any rights whatsoever of any person, firm or corporation including without limitation any intellectual property rights nor contains any content similar to any prior works of any other authors or owners or any matter which is defamatory or scandalous or capable of hurting the sentiments or feelings of any third party;
  • There are no present or potential third party interests or claims or litigation in respect of the art provided/ uploaded by you;
  • You are the sole author and owner of the art.

11. INDEMNITY

If you are causing problems on our Website and/or with our users we will not be responsible for any losses arising from your conduct.

You agree to hold us harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, employees, representatives, advertisers, licensors, suppliers or partners, from and against any against any claim, loss, liability, damages (actual and consequential) or expenses arising directly or indirectly from or in any way related to and not limited to the following: (a) your use/access of the Website and/or the service; (b) actual or alleged violation of the Terms of Use or non-performance of any of your obligation hereunder or any other actions connected with the use of our services; (c) actual or alleged breach of any warranty, representation or undertaking made by you herein, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature; (d) your violation of any third party right(s) including without limitation any intellectual property right, privacy, etc..

12. PRIVACY POLICY

In addition to these Terms of Use, you will also have to read the Privacy Policy. Please be mindful of the things you post on the Website as we have the power to save these posts and in certain circumstances we may need to release your information.

By using the Website, you hereby agree to be bound by our Privacy Policy. A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of your personal information by us is located at Privacy. You consent to any personal information we may obtain about you (either via the Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. We may update our Privacy Policy from time to time, in our sole discretion, and post an updated version of the notice on the Website. If you object to your information being collected, transferred or used in accordance with the Privacy Policy, please do not use the Website.

13. LINKS TO THIRD PARTY SITES

Our Website may have links to other third party websites. In the event you access those websites through our Website we cannot be liable for any loss or liability arising there from.

The Website may contain links to other third party websites or resources ("Linked Sites").The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, advertising, products or other materials on or available from such sites or any changes or updates to the Linked Site. It is your sole responsibility to comply with the appropriate terms of service of the Linked Site as well as with any other obligation under copyright, secrecy, defamation, privacy, security laws related to the use of such Linked Sites and any content contained thereon. We are not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. You are requested to verify the accuracy of all information on your own before undertaking any reliance on such information. Further, we reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users. In no event shall we be liable, directly or indirectly, to anyone for any loss, liability or damage caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on any such a Linked Site or accessed through these Linked Sites.

14. SITE-PROVIDED EMAIL AND POSTINGS

We don’t monitor our users conduct all the time so we cannot promise the content listed on the Website will be perfect.

The Website may provide users with the ability to send email messages to other users and non-users and to post messages on the Website. We are under no obligation to review any content (including any messages) posted on or sent through the Website by users and assume no responsibility or liability relating to any such content. We may, in our sole discretion, monitor, and modify or remove any such content without prior notice.

15. SECURITY AND GENERAL PRACTICES REGARDING THE USE AND STORAGE OF INFORMATION

No data transmission over the internet can be guaranteed as totally secure. We strive to protect information transmitted through standard security measures such as the use of SSL-encryption/ and/or SiteLock in transmitting sensitive content. However, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

You agree that we have no responsibility or liability for the deletion or failure to store any content and other communications maintained or transmitted by and/or to us. You acknowledge that we may have set no fixed upper limit on the number of transmissions you may send or receive through us or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice to you. Upon the termination of your use of our services, we will close your account and you may no longer be able to retrieve content contained in that account.

16. DISCLAIMER OF WARRANTIES

The Website, including, without limitation, all content, function, materials and services is provided to you "as is," without any warranty of any kind. In no event shall we be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the user's transmission(s) or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website. We do not warrant that the Website or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the Website will meet your expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Website shall create any warranty not expressly made herein. Further, we shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond our control. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website. You expressly understand and agree that any material and/or data downloaded or otherwise obtained through the Website is done entirely at your own discretion and risk and that you will solely be responsible for any damage that results from the download of such material and/or data.

17. LIMITATION OF LIABILITY

In no event will we be held legally responsible for an amount greater than the commission amount we are entitle to for the sale of your art on the Website.

In no event shall we, and/or our affiliates or any of our/their respective directors, officers, employees, agents, partners, subsidiaries, divisions, successors, suppliers, distributors, vendors, contractors, artists, institutions, representatives or content or service providers be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages directly or indirectly related to the use of, or the inability to use, the Website or the content, materials and functions related thereto, including, without limitation, loss of revenue, or anticipated profits, or loss of business, data or sales, or cost of substitute services, even if we or our representative or such individual has been advised of the possibility of such damages or any other matter relating to our services. You expressly understand and agree that notwithstanding anything contained in these Terms of Use to the contrary, in the event we are held liable, our maximum aggregate monetary liability (including that of our agents, suppliers, employees or affiliates) shall not exceed the amount of commission we are entitled to deduct for the sale of your art on the Website.

Additionally, in no event shall we or our respective officers directors, employees, agents, partners, successors, subsidiaries, divisions, distributors, suppliers, affiliates or third parties providing information on this Website have any liability for any damages or losses arising out of or otherwise incurred in connection with the loss of any data or information contained in your account or otherwise stored by the Website.

18. TERMINATION

You are entitled to discontinue your use of our services and/or the Website at any time. You agree that we may without limiting our other remedies we are entitled to at law or equity, at any time and for any reason, in our sole discretion and without notice to you, limit, suspend or terminate our service, user accounts, prohibit access to the Website, delay or remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our Terms of Use and other policies and we will not be liable to you or to any third party for doing so. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. In the event of termination, your account will be disabled and you may not be granted access to our services, your account or any files or other content contained in your account and we will have no liability to you or any third party for doing so. You as a buyer of the art shall be liable to pay for any art that you have already ordered till the time of such a termination.

19. MISCELLANEOUS

If you see something on the Website which you have not submitted and that belongs to you and want to share that with us, please write to us using the Contact us page with the information requested in this section.

We are an artist-driven Website. We honor the intellectual property rights of others, and we want all our users to do the same. If you believe that your work has been copied or used on the Website in a way that constitutes copyright or trademark infringement, please notify us (the following information will be required to be included in the notice of infringement will: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) your personal details; (c) a statement by you that the information in your notice is accurate and that you are the intellectual property owner). Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing art from the Website and/or cease sales of such art pending our investigation at our sole discretion and without any prior notice disable and/or terminate in appropriate circumstances member accounts who may be infringing the intellectual property of a third party. Please take note that if you knowingly or materially misrepresent that your work has been infringed, you may be subject to liability.

To contact us with any questions or concerns in connection with these Terms of Use or the Website, or to provide any notice under these Terms of Use to us please go to Contact Us and use our preset form or write to us at:

hello@artandfound.co

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, or postings on the Website.

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms of Use or the right to use the Website by you or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

If some part(s) of these Terms of Use are against what the law of the land states it does not mean that that the Terms of Use will be bad in law in its entirety. The problematic sections will be removed and all the other sections will remain intact.

If any term, covenant or provision hereof is determined to be void or unenforceable in whole or in part, it shall not be deemed to affect or impair the validity of any other term, covenant or provision, each of which is hereby declared to be separate and distinct and enforceable independently. If any term, covenant or provision is void but would be valid if some part of it were deleted, the term, covenant or provision in question shall apply with such modification as may be necessary to make it valid and such deletion shall not affect the enforceability of the remainder of these Terms of Use not so deleted.

We are a company incorporated in India and more particularly in the city of Mumbai. Complaints if not settled amicably between us will be governed by the courts situated in Mumbai.

These Terms of Use will be governed by the laws of India without regard to the conflict of law provisions thereof. You agree that any dispute or claims that may arise between you and us relating to the Terms of Use or the use of this Website shall be resolved amicably. In the event of failure to resolve the dispute or claim amicably, you agree, as we do, that the dispute shall be subject to the exclusive jurisdiction of the courts located at Mumbai. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries herein. Further, if you have a dispute with one or more members or sellers, you release us absolutely (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims demands and damages (actual and consequential) of every kind arising out of or in any way connected with such disputes. Before resorting to litigation, we strongly encourage you to first contact us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as arbitration, as an alternative to litigation.

If any force of nature is beyond our control which restricts our performance in any manner under these Terms of Use we will not be held responsible for the same.

You agree that we shall be excused and shall not be held liable for any delay or non-performance under these Terms of Use, to the extent we are prevented from or delayed from performing any service, in whole or in part, as a result of an event of force majeure. Further, we shall not be liable for any losses or damages of any nature incurred or suffered by you or by any other party arising therefrom.

For the purposes of this provision, "event of force majeure" includes but is not limited to fire, earthquake, flood, inclement weather, tsunami, accident, epidemic, strike, lockout, labour controversy, riot, civil disturbance, war, civil commotion, acts of God, omissions or acts of public authorities that prevent or delay the performance of an obligation relating to the acts of public authorities, including changes in law, regulations, or the policies of the Government, or other regulatory authority acts which are beyond the control of any Party, or any other reasons which cannot reasonably be forecasted or provided against, and which cannot be predicted by men of ordinary prudence.

You may not assign any right or obligation under these Terms of Use (by operation of law or otherwise) without our prior written consent, which may be withheld at our sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. We may assign these Terms of Use, in whole or in part, to any third party in our sole discretion.

The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision and we shall still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.

The terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereunder" and words of similar import refer to the Terms of Use as a whole.

The Terms of Use and the Privacy Policy along with any other terms and conditions that may apply to you govern our relationship with you and override all other agreements you may have had with us in the past.

You agree that these Terms of Use along with any supplemental terms, policies, rules and guidelines posted on the Website constitutes the entire agreement between you and us, which supersedes any prior agreement or understanding between you and us, whether written or oral, and all other communications between you and us relating to the subject matter of this agreement. You may also be subject to additional terms and conditions that may be applicable to you when you purchase any art or use our services.

There are certain legal protections which continue to apply to us and/or you that don’t fall away even when we suspend or block you from using our Website.

Sections 10 (Intellectual Property), 11 (Indemnity), 12 (Privacy Policy), 16 (Disclaimer of Warranties), 17 (Limitations of Liability), and 19 (Miscellaneous), of these Terms of Use, shall survive its expiration or termination.

We are permitted to change the terms and conditions of these Terms of Use in whole or in part, at any time, with or without notice to you. In the event of any disagreement with the changes to these Terms of Use, you are at liberty to discontinue the use of the Website.

All rights not expressly granted in these Terms of Use are reserved by us.

  • Copyright & Trademark Compliance / Complaints
  • Contact us
  • Headings
  • Severability
  • v. Governing Law & Dispute Resolution
  • Force Majeure
  • Assignment
  • Waiver
  • Interpretation of Number And Genders
  • Entire Agreement
  • Survival
  • Changes to this Agreement
  • Reservation of rights

Last updated: 30 November, 2022